Ohio Code § 1309.604
Ohio Code § 1309.604. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 1309.604.
(A) If a security agreement covers both personal and real property, a secured party may
proceed: (1) Under sections 1309.601 to 1309.628 of the Revised Code as to the personal property without prejudicing any rights with respect to the real
property; or (2) As to both the personal property and the real property, in accordance with the rights
with respect to the real property, in which case the other provisions of sections 1309.601 to 1309.628 of the Revised Code do not apply. (B) Subject to division (C) of this section, if a security agreement covers goods that
are or become fixtures, a secured party may proceed: (1) Under sections 1309.601 to 1309.628 of the Revised Code ; or (2) In accordance with the rights with respect to real property, in which case the other
provisions of sections 1309.601 to 1309.628 of the Revised Code do not apply. (C) Subject to the other provisions of sections 1309.601 to 1309.628 of the Revised Code , if a secured party holding a security interest in fixtures has priority over all
owners and encumbrancers of the real property, the secured party, after default, may
remove the collateral from the real property. (D) A secured party who removes collateral shall reimburse promptly any encumbrancer
or owner of the real property, other than the debtor, for the cost of repair of any
physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution
in value of the real property caused by the absence of the goods removed or by any
necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured
party gives adequate assurance for the performance of the obligation to reimburse.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 1309.604
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
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Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
What is the source of Ohio Revised Code § 1309.604?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 1309.604 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 1309.604 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
Can this page be used as legal advice?
No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.